SF2007

She was denied entry once.

I think we answered your fiancée yesterday. It depends on what grounds she was denied. If it's lack of sufficient ties to her home country prior/during the K1 process, then no, it won't affect anything (not even her AOS) unless she lied to CBP or USCIS.

Everyone has to go to secondary to activate their K1. She will get photographed and fingerprinted. I believe you have to wait aside.

Starting with the fact she filed everything in my Maiden name... so my EAD and GC will be in my Maiden name, not married name. Only plus is I don't have to redo my passport now. *sigh*

Sorry your lawyer sucks. I also received my EAD/AP combo card ways before my GC (3 months vs 7 months for GC). If you have an interview, you can ask the IO to issue your GC in your married name.

I'd send the following links to her lawyer asking why he is of such poor counsel. His advice on foreign travel is not only horrible but puts her in danger of being stuck abroad. If she leaves the U.S. before receiving either AP or GC she abandons her petition and cannot be admitted back until her husband petitions again for her.

Instructions & requirements for AP here: http://www.uscis.gov/files/form/i-131instr.pdf

AP documents are now issued as a EAD/AP combo card. Maybe that confuses her incompetent lawyer who thinks AP are not issued. If she had applied, she would have gotten an EAD card that reads "Serves as I-512 Advance Parole" at the bottom. It's not any longer to process than the EAD itself. Details here.

I'm still not sure how to determine "if the employer would normally pay someone for help". Say he is a cook and he wants to teach me how to cook. Where does that fit?

It's simple really. The employer would "normally pay someone for help" if the employer needs help with their business. If he needs help to cook, wait tables, manage his restaurant, host, etc. Those are all paid positions. He has to HIRE someone to do them. I agree with the previous posts, if you're into cooking, you can do it in the comfort of your home for now. Where it's clearly not about providing a service for the family business.

If you want to volunteer the right way and not have issues with USCIS, do it for a non profit. Like a community kitchen, not your husband's lucrative business. When you get your EAD/GC you can then work/be involved in the family business.

Reviews available here.

Other than the K-1 approval packet what else she we have as we go through security? Also, any advice to avoid her entry being denied would be grateful.

She is expected to be moving to the U.S. so she needs her luggage or be able to explain the lack of (ex. having it shipped). If she has a copy of the K1 application and everything your brought to the interview, bring it to the U.S. and keep it until AOS is over. Any financial or notarized/legal documents she should have in her possession.

You won't be able to go with her in secondary (if your POE is in an airport), tell her to make sure she gets a I-94 stapled in her passport (it's a little 2x3 document with her name and record of entry on it). She'll need it for AOS.

Unless she has a criminal background, insults/lies to CBP officers on duty or carry anything illegal in her luggage, it is very unlikely she would be denied.

Congratulations on your approval

Take a deep breath and relax. Been there, done that. I withdrew an application for admission over a year ago right before we started the K1 process (same scenario you mentioned, I was in your shoes) and it had no effect on my K1 or AOS in any way. If they ask if you were ever refused entry, be truthful and you won't have any issues. You've been investigated and cleared when they issued your K1. If they thought you were misrepresenting yourself, they would have denied your visa. Needless to say I was also nervous wreck crossing the border with my K1. It didn't even take 15 minutes to be processed in secondary.

A visa is never a guaranteed entry. However, unless you insult CBP officers or carry anything illegal in your luggage, you will not have any issues crossing the border this time.

Congratulations and welcome home

A quick search on VJ will show you a couple ongoing threads on that same topic. They release appointments randomly and sometimes it goes for weeks without any available. Go regularly on the website. Good luck!

So we received an ASC appointment notice date, basically our Biometrics date which is April 3, 2012. Does that mean there will not be any RFE request?

It just means you have a biometrics appointment schedule. Has nothing to do with your I-485. RFE can be sent whenever during the process. You could get one in 4 months. Hopefully, you won't.

Never heard of the company. I'd personally refrain from using their services. The visa requirements does state it needs to be a police certificate done within a year of your visa interview. I am uncertain an electronic copy would be enough. A real police certificate is signed by a ranking officer in the police department. I had mine done in Quebec City and upon request, they provide a bilingual one. Overall I don't think that's a good place to save a couple dollars.

It just means they mailed your EAD. Has nothing to do with your I-485 application. I think they have 90 days to respond to your RFE submission.

I believe the evidence we sent along with the fact that she went through the interview in her home country was sufficient enough.

Having an AOS interview has most times nothing to do with evidence or the case itself. All K1 go through a foreign interview and about half will have an AOS interview. While some cases do have red flags and are mostly guaranteed an interview, some cases are very straightforward and still have an interview. Glad you two didn't have to go through it. That being said

In which case is the interview required for both persons to attend?

We went through the K-1 process and only my wife had to attend an interview in her home country prior to coming. Here, we had no second interview.

You're confusing two things. Read carefully.

You're talking about your wife's K1 process, OP is asking about the AOS. AOS requires both spouses to attend. If you're adjusting from a K1 it is mandatory for the USC to attend unless there's a special circumstance, like JimVaPhuong explained.

I live in Maine. I could basically spit across the border. Why do we have these antiquated laws? There is no form to fill out that says, "I like to live with my wife but don't want to become an American Citizen."

It is an impossible situation.

Yeah... it is so complicated. Everyone on this forum certainly understands the stress and hardships caused by immigration laws. But just for the record, moving to the U.S from Canada (or to Canada from the U.S.), you can always retain your birth citizenship and should you not want to, never have to apply for another one. You can choose to stick with being a LPR. Good luck to your dad and his wife!

The advice from TBone is very relative, we never know how one might travel or where those travels might take them. In Texas, CA and Arizona, along stretches of certain highways, CBP maintains 24 hr checkpoints.

For the record, Southern NM does it too.

I think the link you mean is this www.roadtocanada.com

www.roadtocana.com appears to be a catholic marriage site of some sort.

Obviously a typo or something of the sort lol!

HAHA! obviously typo on my part

I am a Canadian Citizen and US Resident(Green Card) working in US. My wife and Daughter are US Citizens. I was wondering how would I go about getting Canadian PR/Citizenship for my wife and daughter? I know I need to sponser them but Can I sponser them while I live and work in US? I want to do this now so we have the option to move to Canada sometime in future and my wife to be able to work right away rather than having to wait to go through sponsership. Thanks.

www.roadtocana.com is a better resource for your needs.

Your child can easily be granted citizenship based on the fact one of her parents is a Canadian citizen. Your wife would have to become a PR. Guidelines are here.

Normal. Pretty common nowadays for the whole process to take +/- 6 months.

Not unless the fiancé(e) overstayed a previous visa. When you file for AOS from a K1, you enter a phase of authorized stay. If you travel abroad with your AP, it would be wise to also have on hand a copy of your marriage certificate and USCIS's NOAs.

If you do have accumulated 180 days+ of overstay, the AP does not relieve you for being unlawfully present in the U.S. Leaving will then trigger a ban, AP or not. The Green Card however clears you of that and overstay would no longer be an issue once you have your GC. If you want the whole details, see page 3 of Instructions for Form I-131.

It's the hand written date on your I-94.

Your visa was valid for the following 6 months after its issuance for a single entry in the U.S. and was void the moment you went through POE. Until when you had to use a void visa is irrelevant to USCIS, they want to know if you married within the 90 days. I filed my I-485 with my I-94 date expiration date there and had no issues.

It most likely won't be brought up at the interview. If you two have enough proof of co mingling, him traveling temporarily is irrelevant for AOS purposes.

Your AOS specific questions should be posted in the AOS forum, not in the Canadian one. And here: http://www.visajourney.com/content/k1k3aos

It's also free and I believe it's now one card for both EAD/AP so that's also convenient.

Yes, they do a EAD/AP combo card now.

Did you or will you apply for AP?

My 2 cents: I did and so should he. When you file for AP/EAD same time as your AOS, it is free of charge. It does not delay your AOS application or impact it in anyway. It seems nowadays a GC takes roughly 6 months to get. It means if you apply in June, there is a chance he won't have his GC for Christmas. The delay for receiving your GC also depends if you have an RFE and if you have an interview as both pause the process. The liberty of knowing you can go see your loved ones should anything happen during the process is priceless.

Also, should he get bored, he can stat looking for employment as soon as his EAD comes in. I see no reason not to. It's an extra 2 forms that are really easy to complete.

You might want to make an Infopass appointment to explain them why you don't have one and ask them what an acceptable document would be.

This will delay your plans to work. Your application is paused until you provide what they asked for. They will then accept or deny your application within 90 days of receiving it. Meanwhile it is illegal for you to work.

Good luck!